E-2 TREATY INVESTORS

The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. Dependent family members may also qualify

E-2 Classification may be obtained from either inside the U.S. (if applicant is currently in lawful status) or applied from outside the U.S. at an American consular post.

General Qualifications of a Treaty Investor

To qualify for E-2 classification, the treaty investor must:

Be a national of a country with which the United States maintains a treaty of commerce and navigation

Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States

The investment enterprise may not be marginal

Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

Period of Stay

Visa reciprocity must be checked for each country that participates in the E-2 Treaty Visa program. Visas are typically 5 years long with Periods of Stays for two years.

Terms and Conditions of E-2 Status

A treaty investor or employee may only work in the activity for which he or she was approved at the time the classification was granted

Family of E-2 Treaty Investors and Employees

Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age.